Volume 6 Issue 5

Indicates featured legislation

Jurisdiction: Newly Introduced

Arizona SB 1310 Increases small claims jurisdiction from $2,500 to $10,000. In Senate Judiciary Committee.

Arizona SB 1311 Increases justice of the peace civil jurisdiction from $10,000 to $25,000. In Senate Judiciary Committee.

Arizona SCR 1016 (Constitutional Amendment) Grants Superior Court original jurisdiction over "Annulment and dissolution of marriage" (currently reads "Divorce and for Annulment of marriage.") In Senate Rules Committee.

Arizona SCR 1032 (Constitutional Amendment) Increases justice of the peace civil jurisdiction from $10,000 to $25,000. In Senate Judiciary Committee.

Missouri HB 1512 Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state. In House (no committee).

New Mexico SJR 14 (Constitutional Amendment) Provides "The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression." In Senate Rules Committee.

South Dakota HB 1253 Prohibits judicial enforcement of any religious codes. In House Judiciary Committee.

South Dakota SB 136 Provides any ruling or decision that makes use of international or foreign law is void and unenforceable if the court bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and South Dakota, including due process of law, freedom of religion, speech, or press, and any right of privacy or marriage as specifically provided by the constitution of this state. Foreign law, legal code, or system is any foreign law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals. Specifies the term foreign law does not include any tribal laws of the Native American tribes in the state. In Senate Judiciary Committee.

Jurisdiction: Floor and Committee Activity

Florida SB 1360 Provides that any court decision or ruling based, in whole or in part, on any foreign law or legal code that does not grant the parties affected by the ruling the same fundamental liberties, rights, and privileges granted by the State Constitution or the Constitution of the United States violates public policy and is void and unenforceable. Approved by Senate Judiciary Committee 1/25/12.

Indiana HB 1152 ORIGINAL: Provides that certain city or town courts have jurisdiction over misdemeanors if the judge of the city or town court is an attorney in good standing under the requirements of the Indiana supreme court. AMENDED: Same, but specifies 9 town and cities courts in which the judge must hereafter be an attorney. Approved as amended by House Committee on Courts and Criminal Code 1/27/12.

Qualifications and Terms: Newly Introduced

Oklahoma HB 2685 Provides for 12 year term limits for court clerks and other county officers. Provides service in any county office counts against 12 year maximum. Prefiled (no committee).

Oklahoma SB 1729 Term limits. Provides for maximum of 12 years of service on Supreme Court or Court of Criminal Appeals. Prefiled (no committee).

Oklahoma SB 1900 Term limits. Provides for maximum of 12 years of service on District Courts. Prefiled (no committee).

Qualifications and Terms: Floor and Committee Activity

Hawaii SB 2206 (Constitutional Amendment) Increases the mandatory retirement age for justices and judges from 70 to 80 years of age. Approved by Senate Judiciary Committee 1/27/12.

New Hampshire CACR 24 (Constitutional Amendment) Provides that no person shall be eligible to be appointed a judge until such person has reached 60 years of age. Rejected by House Committee on Judiciary 1/25/12.

South Dakota SB 76 Provides judge or justice reaching 70 may serve out current term. Rejected by Senate Judiciary Committee 1/26/11.

Washington SB 6025 ORIGINAL: Permits district judges only to serve until the end of the term in which they turn 75 (currently, must retire at end of calendar year turn 75). AMENDED: Eliminates altogether mandatory retirement age for district judges only. Approved as amended by Senate Judiciary Committee 1/26/12.

West Virginia SB 108 ORIGINAL: Requires magistrates to possess a bachelor's degree, an associate's degree in criminal justice or have at least four years prior experience as a magistrate. AMENDED: Requires magistrates to possess an associate's degree in criminal justice or have at least four years prior experience as a magistrate. Approved as amended by Senate Judiciary Committee 1/26/12.

Rule Making Authority: Newly Introduced

New York SB 4367 Authorizes an experimental program in which presiding trial judges, in their discretion, may permit audio-visual coverage of civil and criminal court proceedings, including trials. In Senate Judiciary Committee.

West Virginia HB 4291 Authorizes the Supreme Court of Appeals to determine which county law libraries are being used and should be continued as an obligation of the state. In House Judiciary Committee.

West Virginia HB 4292 Authorizes the West Virginia Supreme Court of Appeals to establish a reasonable fee of compensation for mental hygiene services. In House Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

Florida SB 1312 Repeals various statutes related to effect of rules adopted by the Courts. Repeals provision that, where a rule of the Supreme Court and statute conflict on matters of practice and procedure, the rule supersedes the statute. Repeals authority of the Department of Revenue to adopt rules relating to the clerks of court. Repeals the power of the district courts of appeal to make rules and regulations. Approved by Senate Governmental Oversight and Accountability Committee 1/26/12.

South Dakota HB 1064 Allows the Supreme Court to establish certain rules for the use of interactive audio visual equipment and to provide for the collection and deposit of fees for the use thereof. Approved by House Judiciary Committee 1/23/12. Approved by full House 1/25/12.

West Virginia HB 4291 Authorizes the Supreme Court of Appeals to determine which county law libraries are being used and should be continued as an obligation of the state. Approved by House Judiciary Committee 1/27/12.

West Virginia HB 4292 Authorizes the West Virginia Supreme Court of Appeals to establish a reasonable fee of compensation for mental hygiene services. Approved by House Judiciary Committee 1/27/12.

Salary and Budget: Newly Introduced

Florida HB 5403 Redirects revenue from filing fees for civil actions in circuit court relating to real property or mortgage foreclosure from State Courts Revenue Trust Fund to General Revenue Fund. In House Appropriations Committee.

Kansas SB 322 Extends the Judicial Branch surcharge through FY 2013. In Senate Committee on Judiciary.

Kentucky HB 300 Requires that an audit of the Judicial Form Retirement System shall be performed by the Auditor of Public Accounts at least once every five years. Requires the governing board and investment committee for the Judicial Retirement Plan establish ethics policies and procedures. Establishes term limits for members and chairs of the Board of Trustees of the Judicial Retirement System. Requires the Judicial Form Retirement System to make available on a public website all system expenditures, except protected individual retirement-specific records of members/retirees of the Judicial Retirement Plan; establish conflict of interest provisions for System trustees and employees; and mandate that no funds of the Judicial Retirement Plan shall be used to pay unregulated placement agents. In House State Government Committee.

Missouri HB 1391 Authorizes circuit courts that reimburse the state for salaries of family court commissioners to charge up to a $20 surcharge when a party files a civil court case. In House (no committee).

Missouri HB 1460 Extends the expiration date of the statewide court automation fund to 2020. In House (no committee).

New Mexico HB 188 Increases salaries for probate court judges, clerks of court, and other county officials. In House Labor & Human Resources Committee.

New Mexico HB 226 Alters percentages members of judicial retirement fund must contributed on annual basis. In House Rules Committee.

New Mexico SB 217 Increases from $4 to $7 temporary magistrate court operations fee charged on penalty assessment misdemeanors. In Senate Judiciary Committee.

New Mexico SB 228 Alters percentages members of judicial retirement fund must contributed on annual basis. In Senate Public Affairs Committee .

Ohio HB 2541 Requires state audit conduct performance audit of Information Technology Fund of the Oklahoma Supreme Court including implementation. Prefiled (no committee).

Oklahoma HB 2713 Provides forms and procedures associated with Court Clerk's Revolving Fund to be developed and implemented by the Administrative Director of the Courts (currently State Auditor and Inspector). Prefiled (no committee).

Oklahoma SB 1391 Directs various fees/fines/costs currently directed to Oklahoma Court Information System Revolving Fund be directed to Uniform Retirement System for Justices and Judges. Prefiled (no committee).

Oklahoma SB 1589 Closes future enrollment in Uniform Retirement System for Justices and Judges. Provides judges/justices elected/appointed after 2013 must participate in Oklahoma Public Employees Retirement System Prefiled (no committee).

Tennessee HB 3055 Authorizes collection of criminal court fines, costs and litigation taxes in same manner as civil debt. In House (no committee).

Tennessee HB 3531 Terminates salary adjustments for any judge who is convicted of or pleads guilty or no contest to a felony constituting official malfeasance. In House (no committee).

Tennessee SB 2769 Authorizes collection of criminal court fines, costs and litigation taxes in same manner as civil debt. In Senate Judiciary Committee.

Tennessee SB 2887 Terminates salary adjustments for any judge who is convicted of or pleads guilty or no contest to a felony constituting official malfeasance. In Senate Judiciary Committee.

West Virginia HB 4293 Increasing the compensation caps for secretary-clerks and case coordinators in the family court. In House Judiciary Committee.

Wyoming SB 40 Sets judicial salaries. In Senate (no committee).

Salary and Budget: Floor and Committee Activity

Arizona HB 2283 Specifies that for state benefits purposes, "state employee" includes only those employed by the judicial branch whose salaries are paid for by the state. Approved by House Employment and Regulatory Affairs Committee 1/24/12.

Florida SB 1570 Provides that if a retired judge or justice is assigned to temporary duty, such assignment does not affect his or her eligibility for benefits under the Florida Retirement System. Provides that each expired term or vacancy on a judicial nominating commission (JNC) is filled by appointment in the same manner as the member whose position is being filled. Updates provisions relating to the staggering of terms of members of a JNC who are selected from the list provided by the Board of Governors of the Florida Bar. Provides that an appointment to a judicial nominating commission of a member selected from a list of nominees provided by the Board of Governors of The Florida Bar is for a term of 4 years, unless the appointment is to fill a vacancy or an unexpired term. Deletes a requirement that the Executive Office of the Governor establish uniform rules of procedure consistent with the State Constitution when suspending a member of a judicial nominating commission for cause. Approved by Senate Judiciary Committee 1/25/12.

Georgia HB 351 Changes portion of fees/fines paid to the Judges of the Probate Courts Retirement Fund. Approved by full House 11/25/12.

Georgia HB 424 Provides a death benefit for active and retired members of Superior Court Clerks' Retirement Fund. Approved by full House 1/24/12.

Georgia HB 542 Provides for transfer of service credit from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia. Approved by House Retirement Committee 1/25/12.

Hawaii HB 1744 Stipulates that the five per cent decrease to the legislative, executive, and judicial salaries applies to what the respective salaries were as of June 30, 2009, and remains at the specified salary rate until June 30, 2013. Approved by House Labor & Public Employment Committee 1/24/12.

Hawaii HB 1799 Clarifies Act 57, Session Laws of Hawaii 2011, with regard to salary rates for executive, judicial, and legislative officials, to give effect to the recommendations of the commission on salaries. Rejected by House Labor & Public Employment Committee 1/24/12.

Indiana HB 1002 Reenacts the public officers compensation advisory commission that was repealed in 2011. Approved by House Select Committee on Government Reduction 1/23/12.

Indiana SB 235 ORIGINAL: Imposes a pro bono legal services fee of $1 on parties who file certain civil actions, small claims actions, and probate actions. Requires the pro bono legal services fees to be transferred to the Indiana Bar Foundation as the entity designated by the Indiana supreme court to organize and administer the interest on lawyers trust accounts (IOLTA) program. Requires the Indiana Bar Foundation to: (1) deposit in an appropriate account and otherwise manage the fees the foundation receives in the same manner it deposits and manages the net earnings the foundation receives from IOLTA accounts; and (2) use the fees the foundation receives to assist or establish approved pro bono legal services programs. AMENDED: Same, but provides specifies that the handling and expenditure of the pro bono legal services fees received by the Indiana Bar Foundation are subject to audit by the State Board of Accounts. Approved as amended by Senate Committee on Appropriations 1/26/12.

Nebraska LB 862 Sets salaries for justices of the supreme court as $145,614.74 (Although the bill only specifies salary increases for Supreme Court Judges, other judges will also receive an increase in salary as their salaries are statutorily tied to the Supreme Court judge salaries.) Approved by Senate Judiciary Committee 1/27/12.

New Mexico HB 72 Provides that certain amounts of the civil docket and jury fees be deposited into the General Fund. Provides contributions to judicial and magistrate retirement be provided from the General Fund. Increases contributions to judicial and magistrate retirement funds. Strikes existing law that defines "judicial retirement fund" as including "docket and jury fees of metropolitan courts, district courts, the court of appeals and the supreme court." Approved by House Judiciary Committee 1/27/12.

South Dakota HB 1058 Increases from $15 to $25 cost for search of court records. Provides cost of transmission for the record search results is included in the fee. Approved by full House 1/24/12.

South Dakota HB 1065 Repeals the requirement that the Unified Judicial System set forth a schedule for all fees paid directly to court reporters in its annual consolidated budget. Approved by full House 1/26/12.

Virginia HB 482 Replaces the $5 Technology Trust Fund Fee with a $4 Local Technology Trust Fund Fee and a $1 State Technology Trust Fund Fee. Provide $4 local fee will be deposited into the circuit court clerk's nonreverting fund to be used for the operational expenses associated with providing secure remote access to land records. provides $1 state fee is paid to a state trust fund and may be allocated by the State Compensation Board to those clerks' offices whose deposits from the local fund are not sufficient for modernizing access to records. Approved by House Committee for Courts of Justice Committee 1/23/12.

Virginia HB 837 Clarifies that local salary supplements may be paid to clerks and other local district court employees, excepting district court judges and substitute judges, wholly out of local funds. Approved by House Committee for Courts of Justice Civil Subcommittee 1/25/12.

West Virginia HB 4293 Increasing the compensation caps for secretary-clerks and case coordinators in the family court. Approved by House Judiciary Committee 1/27/12.

West Virginia SB 100 Alters the mandatory nature of certain fee collections and to remove the requirement that the circuit court charge three times the amount of actual postage when mailing documents. Approved by full Senate 1/24/12.

Selection: Newly Introduced

Arizona SB 1363 Provides that where county offices, including judicial offices, are vacated, the person appointed to fill the remainder of the term must be of the same political party as the former office holder. In Senate Judiciary Committee.

Arizona SB 1371 Ends merit selection and non-partisan judicial elections in state. Requires all judges be elected on partisan ballots. In Senate Judiciary Committee.

Arizona SCR 1034 (Constitutional Amendment) Ends merit selection and non-partisan judicial elections in state. Requires all judges be elected on partisan ballots. In Senate Judiciary Committee.

Florida HB 7055 Repeals various statutes related to effect of rules adopted by the Courts. Repeals provision that, where a rule of the Supreme Court and statute conflict on matters of practice and procedure, the rule supersedes the statute. Repeals authority of the Department of Revenue to adopt rules relating to the clerks of court. Repeals the power of the district courts of appeal to make rules and regulations. In House Rules Committee.

Hawaii HB 2155 Requires the judicial selection commission to release the commission's list of judicial nominees at the time it submits the list to the governor or chief justice. In House Judiciary Committee.

Hawaii HB 2343 (Constitutional Amendment) Require the judicial selection committee to publicly disclose its list of nominees for appointment to the office of the chief justice, supreme court, intermediate appellate court, circuit courts, or district courts concurrently with its presentation of that list to the governor or the chief justice. In House Judiciary Committee.

Illinois HB 4098 Requires Supreme Court establish rules requiring that immediately upon the assignment of a matter to a judge, an attorney in the matter must disclose to the court and parties to the matter any campaign contribution made to that judge by the attorney or the attorney's law firm. Provides that the rules shall provide that in the event that the aggregate of any campaign contributions in excess of $500 was made in the past 5 years to the judge's campaign by the attorney or the attorney's law firm, the judge shall disqualify himself or herself upon timely application made by a party to the matter who has not made any contribution to the judge's campaign. Provides that the rules shall not preclude disqualification due to any other rule or with respect to contributions under $500 or made more than 5 years before the assignment of the matter to the judge. Provides that the rules shall apply to contributions to a person who becomes a judge and who received contributions to the person's campaign for a nomination for election to any judicial office, an election of a judicial candidate, and a judicial retention election. In House Rules Committee.

Maryland SB 181 Establishes Task Force to Study the Public Financing of Judicial Elections. Requires Task Force study and develop a proposal regarding the public financing of judicial elections in the State on or before December 31, 2012. In Senate Education Health and Environmental Affairs Committee.

Minnesota SB 1508 Requires judges be elected from the individual county or judicial election precinct in which they have their chambers within a judicial district, rather than by the district as a whole. For counties/judicial election precincts with no judge currently, permits Commission on Judicial Selection to assign one. Provides mere announcement of an intention to resign does not create a judicial vacancy. Provides incumbent judge/justice may not run for re-election unless they make a signed "commitment" that they shall remain in office until the expiration of the term of office, the mandatory retirement date, the optional retirement date, or the disability date, or until appointed to another office of government, or is unable to serve due to a compelling physical or personal reason. Defines "compelling physical or personal reason" and requires approval of said reason by the Court of Appeals. Provides a judge/justice who retires for any reason other than those specified forfeits 25% of their retirement annuity. Creates position of "placeholder." Provides a governor may appoint a "placeholder" to fill a judicial vacancy until a successor is elected and qualified. Provides if placeholder dies/resigns and election is more than 12 months away, governor may appoint anyone "learned in the law" and meets all other criteria for holding judicial office to serve until successor elected. Amends current retirement date of *end of month* in which judge turns 70 to *end of year of a general election after* judge turns 70. In Senate Local Government and Elections Committee.

Oklahoma HB 2360 Provides for nonpartisan election for court clerks and other county officers. Prefiled (no committee).

Oklahoma HB 2987 Requires judicial and other candidates provide proof of citizenship. Prefiled (no committee).

Oklahoma SB 1569 Requires judicial and other candidates provide proof of citizenship. Prefiled (no committee).

Tennessee HB 3282 Allows members of the judicial nominating commission to serve successive terms. Allows solicitor general and employees of the attorney general to serve on the commission. Allows members to participate in meetings by telephone if three or fewer applicants. Allows members continuance in court hearings if commission meeting scheduled. In House (no committee).

Tennessee HB 3452 Requires the rating of each applicant to fill an appellate court vacancy as highly qualified, qualified or not qualified. Authorizes the governor to appoint applicants who are rated as either highly qualified or qualified. Provides if governor selects someone listed only as qualified, must be confirmed by joint vote of the general assembly. Provides if judicial selection commission fails to provide list of names to governor within 60 days, governor may select any duly licensed attorney subject to confirmation by joint vote of the general assembly. In House (no committee).

Tennessee SB 2794 Requires the rating of each applicant to fill an appellate court vacancy as highly qualified, qualified or not qualified. Authorizes the governor to appoint applicants who are rated as either highly qualified or qualified. Provides if governor selects someone listed only as qualified, must be confirmed by joint vote of the general assembly. Provides if judicial selection commission fails to provide list of names to governor within 60 days, governor may select any duly licensed attorney subject to confirmation by joint vote of the general assembly. In Senate Judiciary Committee.

Tennessee SB 3654 Allows members of the judicial nominating commission to serve successive terms. Allows solicitor general and employees of the attorney general to serve on the commission. Allows members to participate in meetings by telephone if three or fewer applicants. Allows members continuance in court hearings if commission meeting scheduled. In Senate (no committee).

Washington HB 2661 Ends partisan elections for judicial office. In House Judiciary Committee.

West Virginia HB 4305 Authorizes the county commission to appoint a temporary successor if a vacancy occurs in office clerk of the circuit court or other county office. In House Political Subdivisions Committee.

West Virginia HB 4314 Provides where a vacancy occurs in office of magistrate judge, person appointed must be of same political party as former officeholder. In House Judiciary Committee.

West Virginia SB 354 Authorizes the county commission to appoint a temporary successor if a vacancy occurs in office clerk of the circuit court or other county office. In Senate Government Organization Committee.

Selection: Floor and Committee Activity

Hawaii SB 2205 (Constitutional Amendment) Lowers the number of nominees presented by the judicial selection commission to fill state court judicial vacancies: For Supreme, Intermediate Appellate & Circuit: from 4-6 to specifically 3. For District: from not less than 6 to specifically 3. Approved by Senate Judiciary Committee 1/27/12.

Hawaii SB 2209 (Constitutional Amendment) Requires the judicial selection commission to disclose the names of and other statistical information regarding active nominees and applicants to fill justice and judge vacancies. Approved by Senate Judiciary Committee 1/27/12.

New Mexico SB 24 Creates judicial nominating commission fund for the operation and costs of judicial nominating commissions, including the expense of organizing the commissions and per diem and mileage for commission members. Approved by Senate Judiciary Committee 1/27/12.

Structure Changes: Newly Introduced

Arizona SB 1372 Restructures state's Court of Appeals. Reduces judges from 22 (16 in Division 1, 6 in Division 2) to 5 (3 in each division). Permits Court of Appeals retain only 1.0% fees collected (currently 8.36%) and directs remainder go to state general fund. In Senate Judiciary Committee.

Hawaii HB 2798 Establishes a temporary Hawaii veterans treatment court within the judiciary. In House Judiciary Committee.

Hawaii HB 2805 Establishes a temporary Hawaii veterans treatment court within the judiciary. In House Judiciary Committee.

Hawaii HCR 20 Supports creation of a Hawaii veterans treatment court within the judiciary. In House Judiciary Committee.

Hawaii HR 14 Supports creation of a Hawaii veterans treatment court within the judiciary. In House Judiciary Committee.

Hawaii SCR 7 Supports establishment of veterans' court within state's Circuit Courts. In Senate (no committee).

Hawaii SR 7 Supports establishment of veterans' court within state's Circuit Courts. In Senate (no committee).

Oklahoma HB 2944 Authorizes municipalities to establish misdemeanor drug courts. Prefiled (no committee).

Oklahoma SB 1848 Directs redistricting of all judicial districts by 2014. Prefiled (no committee).

Oklahoma SB 1901 Revises "Judicial and District Attorney Redistricting Task Force" into "District Attorney Redistricting Task Force". Prefiled (no committee).

Virginia SB 630 Abolishes Court of Appeals effective October 1, 2012. In Senate Committee for Courts of Justice.

Washington HB 2547 Authorizes the establishment and use of veterans' courts. In House Judiciary Committee.

Washington SB 6404 Authorizes the establishment and use of veterans' courts. In Senate Judiciary Committee.

West Virginia SB 420 Creates Intermediate Court of Appeals consisting of two divisions of three judges each. In Senate Judiciary Committee.

Structure Changes: Floor and Committee Activity

New Hampshire CACR 25 (Constitutional Amendment) Provides that the supreme and superior courts shall not be constitutionally established courts. Rejected by House Committee on Judiciary 1/24/12.

Virginia HB 123 Provides that any court may establish specialty criminal dockets to address the specialized needs of similarly situated defendants. Provides such dockets may be authorized by the chief judge of the respective court. Requires that the court may utilize only the resources already existing and available to the court in the community notwithstanding the source of funding and that additional funding for such court dockets or the creation of a formal specialized court shall require the approval of the General Assembly. Stricken (likely withdrawn) 1/23/12.

Other: Newly Introduced

Arizona SB 1365 Provides "Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person's exercise of religion...A person's exercise of religion is not unprofessional conduct." Specifies ""Government" includes all courts and administrative bodies or entities under the jurisdiction of the Arizona supreme court." In Senate Government Reform Committee.

California AB 1529 Modifies provisions of law to reflect trial court restructuring, deleting obsolete references to municipal court, judicial districts, etc. Revises various provisions regarding state's responsibility for trial court funding, including provisions related to jury fees in civil cases, payment of expert witnesses, interpreters, and translators in criminal actions, juvenile proceedings, and certain civil actions. In Assembly (no committee).

Hawaii SB 2611 Removes from the definition of "employed" for unemployment purposes serving in judicial office or being "a member of the judiciary". In Senate Judiciary Committee.

Idaho SB 1238 Provides justices of the supreme court, judges of the court of appeals and other state/statewide elected officials file financial disclosure statements annually. In Senate State Affairs Committee.

Kansas HB 2542 Removes judiciary's power to name members to citizen review boards to review the status of cases involving children in the child welfare or juvenile justice system. In House Committee on Children and Families.

Missouri HR 333 Articles of Impeachment for Judge Russell E. Steele of the Second Judicial Circuit. In House (no committee).

New Mexico HB 140 Permits judge with concealed handgun license to carry into judge's court facility, In House Rules Committee.

Oklahoma HB 3116 Provides forms and procedures associated with Court Clerk's Revolving Fund to be developed and implemented by the Administrative Director of the Courts (currently State Auditor and Inspector). Prefiled (no committee).

Oklahoma SB 1508 Provides forms and procedures associated with Court Clerk's Revolving Fund to be developed and implemented by the Administrative Director of the Courts (currently State Auditor and Inspector). Prefiled (no committee).

Oklahoma SB 1733 Permits unconcealed carry of firearm in court locations by a judge. Prefiled (no committee).

Oklahoma SB 1735 Repeals statutory authorization for appointment and use of special judges. Prefiled (no committee).

Oklahoma SB 1784 Modifies laws related to special judges. Provides such judges to be elected rather than appointed. Removes power of Chief Justice to appoint additional special judges as needed for the proper administration of justice. Prefiled (no committee).

Oklahoma SB 1953 Requires any judicial officer report to the Council on Judicial Complaints any conduct that the officer believes may be a violation of the Code of Judicial Conduct. Prefiled (no committee).

Tennessee HB 2935 Abolishes the court of judiciary. Creates 16-member board of judicial conduct. Changes the burden of proof to investigate a judge to probable cause that misconduct occurred from substantial likelihood that it did. In House (no committee).

Tennessee HB 2978 Clarifies to which judges certain financial disclosure laws apply. Clarifies that newly elected judges may practice law to wind up their practice. In House (no committee).

Tennessee HB 3034 Prohibits a court clerk from accepting the filing of another claim by a litigant who owes fees, taxes, costs and other expenses unless the litigant seeks injunctive relief to prevent irreparable injury or serious physical harm to the litigant. In House (no committee).

Tennessee HB 3051 Authorizes clerks with electronic filing systems to charge $120 for each registered user of the system and to institute an 8-cent per page copy transaction fee. In House (no committee).

Tennessee HB 3185 Authorizes court clerks to petition for destruction of records in certain criminal cases that have been finally disposed of for at least 10 years In House (no committee).

Tennessee HB 3222 Allows a person to carry a firearm during a judicial proceeding if the person is a judge, has a handgun carry permit and only carries the gun concealed while engaged in judicial duties. In House (no committee).

Tennessee SB 2671 Abolishes the court of judiciary. Creates 16-member board of judicial conduct. Changes the burden of proof to investigate a judge to probable cause that misconduct occurred from substantial likelihood that it did. In Senate Committee on Government Operations.

Tennessee SB 2686 Authorizes clerks with electronic filing systems to charge $120 for each registered user of the system and to institute an 8-cent per page copy transaction fee. In Senate State and Local Government Committee.

Tennessee SB 2795 Clarifies to which judges certain financial disclosure laws apply. Clarifies that newly elected judges may practice law to wind up their practice. In Senate Judiciary Committee.

Tennessee SB 2942 Allows a person to carry a firearm during a judicial proceeding if the person is a judge, has a handgun carry permit and only carries the gun concealed while engaged in judicial duties. In Senate (no committee).

Tennessee SB 3053 Prohibits a court clerk from accepting the filing of another claim by a litigant who owes fees, taxes, costs and other expenses unless the litigant seeks injunctive relief to prevent irreparable injury or serious physical harm to the litigant. In Senate Judiciary Committee.

Tennessee SB 3287 Authorizes court clerks to petition for destruction of records in certain criminal cases that have been finally disposed of for at least 10 years In Senate (no committee).

Virginia HB 1250 Adds to the ranks of the honorary members of the Judicial Conference of Virginia the deans of the Liberty University School of Law and the Appalachian School of Law. In House Committee for Courts of Justice.

Virginia HB 1284 Clarifies when the clerk of the court may destroy case file papers. In House Committee for Courts of Justice.

Virginia SB 251 Adds convenience fee for paying court fees by credit or debit card. Provides that judgments for certain circuit court assessments and fees shall be entered in favor of the Commonwealth if not fully paid within 15 days of the date of sentencing. In Senate Committee for Courts of Justice.

West Virginia HB 4308 Exempting supreme court justices and retired justices from the prohibitions against carrying concealed weapons. In House Judiciary Committee.

Wisconsin SB 385 Requires all judicial branch state agencies submit reports on their fiscal condition and operations to the Joint Legislative Audit Committee. Provides report must detail agency's fiscal condition and operational health and must include agency balance sheets, an accounting of all agency expenditures exceeding $100, the number of persons employed by the agency, aggregate payroll data, and a list of all programs administered by the agency, as well as an explanation of each program and an identification of the statutory provision requiring the program. The report must further include data relating to employee salary growth and benefit costs. In Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.

Other: Floor and Committee Activity

California AB 1289 Would require the Controller to recalculate the interest on delinquent payments to the State Court Facilities Construction Fund. Requires that payment be made by the entity responsible for the error or other action that caused the failure to pay, as determined by the Controller in a notice given to that party by the Controller, and would define that entity as including a party that collects the funds but is not responsible for remitting them to the state if that party failed to provide or delayed providing the remitting party with information necessary for remitting the funds. Provides that these changes apply to all delinquent payments for which the Controller has not issued a final audit before January 1, 2012 Approved by full Assembly 1/26/12.

Delaware SCR 21 ORIGINAL: Creates a Blue Ribbon Task Force to review the feasibility of opening Family Court proceedings to the public. AMENDED: Same, but adjusts membership and provides report due February 15, 2013. Approved as amended by Senate Judiciary Committee 1/25/12.

New Hampshire HB 418 ORIGINAL: Requires state agencies, including judiciary, consider open source software when acquiring new software. AMENDED: Explicitly exempts judicial branch. Approved with amendment by full Senate 1/18/12. To House to concur with Senate amendment.

New Hampshire HB 1247 Jury nullification. Recognizes that jurors are constitutional officers. Requires the court to inform jurors that statutes are guidelines and may be disregarded by jurors, and changes the term "petit jury" to "trial jury." Rejected by House Committee on Judiciary 1/24/12.

New Hampshire HB 1348 Establishes that the statute of limitations for any complaint against a judge filed with the judicial conduct committee is 2 years from the conclusion of the trial or appeal during which the act which is the subject of the complaint occurred. Approved by House Committee on Judiciary 1/25/12.

New Hampshire HB 1397 Jury nullification. States that in all criminal proceedings the court shall instruct the jury of its right to judge the facts and the application of the law in relationship to the facts in controversy. Requires court permit the defendant or counsel for the defendant to explain this right to the jury. Rejected by House Committee on Judiciary 1/25/12.

New Hampshire HB 1408 Establishes a commission to study the funding and administration of the judicial branch family division. Rejected by House Committee on Judiciary 1/27/12.

New Hampshire HB 1565 Establishes a committee to study landlord-tenant laws and practices. Rejected by House Committee on Judiciary 1/27/12.

Ohio SB 118 Expands the offense of "aggravated murder" to prohibit a person from purposely causing the death of a judge or magistrate whom the offender knows or has reasonable cause to know is a judge or magistrate when (1) the victim, at the time of the commission of the offense, is engaged in the victim's duties, or (2) it is the offender's specific purpose to kill a judge or magistrate. Expands one of the aggravating circumstances used in sentencing persons convicted of aggravated murder to include that the victim of the offense was a judge or magistrate whom the offender had reasonable cause to know or knew to be a judge or magistrate, and either the victim, at the time of the commission of the offense, was engaged in the victim's duties, or it was the offender's specific purpose to kill a judge or magistrate. Approved by House Criminal Justice Committee 1/25/12.

Virginia HB 745 Requires the Supreme Court to develop a weighted caseload system to assess judicial caseloads throughout the Commonwealth, and using that system, requires the Court to determine the need for judicial positions and the optimum distribution of judicial positions throughout the Commonwealth and to prepare a recommended plan for the realignment of the circuit boundaries. Approved by House Committee for Courts of Justice Civil Subcommittee 1/23/12.